Church of Scientology of New York v. State
| Decision Date | 15 February 1979 |
| Citation | 414 N.Y.S.2d 900,46 N.Y.2d 906,387 N.E.2d 1216 |
| Parties | , 387 N.E.2d 1216 CHURCH OF SCIENTOLOGY OF NEW YORK, Respondent, v. STATE of New York et al., Appellants (two cases.) |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed, with costs.
The record on appeal is wholly insufficient to sustain the refusal to disclose the materials sought by petitioner under the provisions of the Freedom of Information Act (Public Officers Law, art. 6). In support of the denial of access the State officials have tendered only references to sections, subdivisions and subparagraphs of the applicable statute and conclusory characterizations of the records sought to be withheld. There is no tender of any factual basis on which to determine whether the materials sought either fell outside the scope of mandated disclosure under former section 88 ) or come within the exceptions specified in subdivision 2 of present section 87 of the Public Officers Law ). Nor is there any justification for remittal for In camera inspection. The parties resisting disclosure made no request for such inspection. Indeed, the record contains no predicate on which an application therefor might have been based.
As to the Attorney-General's contention that the article 78 proceeding against him was barred by the Statute of Limitations, it suffices to note that the period of limitations ran from the date on which petitioner received notice of the denial of its appeal under subdivision 4 of section 89 of the Public Officers Law (8 Weinstein-Korn-Miller, N.Y. Civ. Prac., par. 7804.02, pp. 78-106).
Order affirmed.
To continue reading
Request your trial
-
Orange County Publications, Inc., a Div. of Ottaway Newspapers v. County of Orange
...material is privileged, which are wholly insufficient to meet its burden of proof under FOIL. Church of Scientology v. State of New York, 46 N.Y.2d 906, 414 N.Y.S.2d 900, 387 N.E.2d 1216 (1979); Matter of Niagara Environmental Action v. City of Niagara Falls, 100 742, 473 N.Y.S.2d 653 (4th ......
-
Friedman v. Rice
...467, 393 N.E.2d 463 ; Church of Scientology of N.Y. v. State of New York, 61 A.D.2d 942, 943, 403 N.Y.S.2d 224, affd. 46 N.Y.2d 906, 414 N.Y.S.2d 900, 387 N.E.2d 1216 ).Unlike the prior version, the current FOIL statute delineates four categories of records compiled for law enforcement purp......
-
Journal Pub. Co. v. Office of Special Prosecutor
...Conclusory allegations are insufficient to meet the government's burden of proof. Church of Scientology of New York v. State of New York, 46 N.Y.2d 906, 907-8, 414 N.Y.S.2d 900, 387 N.E.2d 1216; Matter of Hopkins v. City of Buffalo, 107 A.D.2d 1028, 486 N.Y.S.2d Looking to the petitioner's ......
-
Rose v. Albany Cnty. Dist. Attorney's Office
...Empire State Dev. Corp., 13 N.Y.3d 882, 885, 893 N.Y.S.2d 825, 921 N.E.2d 592 [2009]; Church of Scientology of N.Y. v. State of New York, 46 N.Y.2d 906, 907–908, 414 N.Y.S.2d 900, 387 N.E.2d 1216 [1979]; see also Matter of City of Newark v. Law Dept. of City of N.Y., 305 A.D.2d 28, 34, 760 ......